Car Accident Anxiety Compensation Claims Explained

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How Much Can I Claim For Anxiety After A Car Accident?

By Stephen Hudson. Last Updated 8th November 2023. Welcome to our guide on how much compensation you could receive for a psychological injury, such as post-traumatic stress disorder (PTSD). In this guide, we look at how to make this type of claim and at how much compensation for PTSD after a car accident you could claim.

Road traffic accidents can be extremely traumatic for those involved and often have lasting psychological effects for many years after. Even when a physical injury isn’t sustained, those involved may be left with post-traumatic stress disorder or PTSD after a car accident. Also, feelings of anxiety can be experienced for months or even years.

how much compensation for ptsd after car accident

Car accident anxiety

When someone is left with a psychological problem such as anxiety due to an accident that wasn’t their fault, they may wish to make a personal injury claim for compensation. Using a personal injury solicitor will help them seek compensation in a psychological trauma claim.

Legal Expert is a team of personal injury claims specialists that have years of experience in filing anxiety compensation claims and can help you to get the compensation you are entitled to for the pain and suffering you have endured due to someone else’s negligence.

Simply, give us a call on 0800 073 8804 for free help and advice. Or use our contact form and an advisor will get back to you about claiming compensation for PTSD after a car accident. Read on to learn how you could claim compensation for the distress and inconvenience caused by this type of injury.

Select a Section

  1. Emotional Distress Compensation In The UK
  2. When Could I Claim Psychological Trauma After A Car Accident?
  3. Anxiety After Car Accidents – Claim Time Limits
  4. Anxiety After A Car Accident – How Can I Prove Anxiety After A Car Accident?
  5. Claim For Anxiety After A Car Accident With A No Win No Fee Solicitor
  6. Useful Links

Emotional Distress Compensation In The UK

You may be looking for an anxiety compensation calculator to help you understand how much a potential settlement could be worth. However, a calculator may not be able to consider all aspects of your claim when providing a figure. Some successful settlements may consist of two heads of claim: general and special damages.

General damages compensate for the physical pain and mental suffering caused by your injuries. This covers both physical injuries, such as a neck injury and harm to your mental health, such as post traumatic stress disorder (PTSD). When assigning a value to your claim, legal professionals can refer to the Judicial College Guidelines (JCG) to help them. This guide provides guideline compensation brackets for different injuries, and refer to claims made in England and Wales.

We have also included two whiplash entries with corresponding figures from the tariff in the Whiplash Injury Regulations 2021; these amounts are fixed.

Compensation Table

Psychiatric Damage - Severe£54,830 to £115,730The claimant will have marked issues with large aspects of their life and a poor prognosis.
Psychiatric Damage - Moderately Severe£19,070 to £54,830Whilst this person may also have marked problems with family life, ability to work or continue in education, they have a better prognosis.
Psychiatric Damage - Moderate£5,860 to £19,070The person will have a good prognosis and will have made some recovery.
Severe PTSD£59,860 to £100,670The person will be unable to live as they did before the trauma due to permanent effects that negatively impact all areas of their life.
Moderately Severe PTSD£23,150 to £59,860With professional help, some recovery can be made. However, the person is still likely to suffer with various effects for a while.
Moderate PTSD£8,180 to £23,150In these cases the claimant will have largely recovered and any continuing effects will not be too disabling.
Whiplash Tariff£4,345The injured party suffers with whiplash alongside a minor psychological injury with symptoms lasting 18-24 months.
Whiplash Tariff£3,100The injured party experiences the symptoms of whiplash alongside a minor psychological injury for 15-18 months.

Additionally, you might be awarded special damages to compensate for financial losses caused by your injuries. Some examples of what you might be able to recover under special damages include:

You should submit evidence of these costs, such as receipts and wage slips.

Whiplash Reforms

The Whiplash Reform Programme may affect your claim, as they changed how road traffic accident claims are made in England and Wales for drivers and passengers aged 18 or over with claims worth £5,000 or less.

Also, whiplash injuries will be valued in accordance with the tariff set out in the Whiplash Injury Regulations 2021. These amounts are fixed and illustrated in our table.

Further injuries that are not covered by the tariff will be valued in the traditional manner. Also, if you have additional injuries that take the total value of your claim over £5,000, you will claim via the traditional route.

If you would like to know how much compensation for anxiety after a car accident you might receive following a successful claim, get in touch with an advisor.

When Could I Claim Psychological Trauma After A Car Accident?

Road users owe a duty of care to navigate the roads in a way that prevents harm or damage to one another. They can uphold this duty by following the rules and regulations in the Road Traffic Act 1988 and The Highway Code.

When claiming for psychological trauma after a car accident, compensation in the UK may be awarded if you meet the eligibility requirements. In order to make a valid personal injury claim for anxiety after a car accident, you will need to prove the following:

  • A duty of care was owed by another road user.
  • This duty was breached.
  • You experienced psychological harm, a physical injury, or both together as a result of the breach.

These three criteria form the foundation of negligence in personal injury claims. You must prove negligence occurred in order to seek road traffic accident compensation. 

For further guidance on the eligibility criteria, please contact an advisor. They can also answer other questions such as, ‘how much compensation for whiplash and anxiety can I claim after a road traffic accident?’.

Anxiety After Car Accidents – Claim Time Limits

There is a time limit to when you can start a personal injury claim. Under the Limitation Act 1980 this will generally be set at three years from the date of your accident. This time limit however does not apply to claims for minors or people deemed mentally incapable of starting a claim.

A minor who wants to make a claim for suffering from emotional shock after a car accident could either:

  • Be represented by an appointed litigation friend, who could start a claim on their behalf
  • Wait until they are 18 to start their claim. This is when the 3-year time limit will begin to apply, expiring on the date of their 21st birthday

A claim for a person who lacks the mental capacity to represent themselves will have a similar allowance in place. Their time limit is essentially frozen and a litigation friend could start a claim on their behalf at any point. If they are ever deemed mentally capable of representing themselves, they will have 3 years from this date to start a claim for themselves.

You can reach out to a member of our team to learn more about what you could do if you had suffered from emotional anxiety or PTSD from your car accident, and the compensation you could seek.

Anxiety After A Car Accident – How Can I Prove Anxiety After A Car Accident?

To claim compensation for anxiety or other effects of emotional trauma after a car accident, you will need evidence that can support your case. The evidence you bring to a case needs to show that another party breached their duty of care in your car accident. You’ll also need evidence that confirms the injuries you’re claiming for.

Evidence you may be able to bring to your case could include:

  • Any video footage, such as dashcam footage, that shows how your car accident occurred.
  • The contact details of any witnesses who can provide a statement.
  • Medical records that confirm you’ve been diagnosed and treated for the injuries you’re claiming for.

If a solicitor is supporting your claim, then they can assist with gathering the evidence you need. If you contact our advisors to review your claim, we may connect you with one of our solicitors who has previous experience in gathering evidence for clients who have experienced anxiety after a car accident. Contact our advisors online or on the phone today to learn more.

Claim For Anxiety After A Car Accident With A No Win No Fee Solicitor

When making a personal injury claim for trauma after a car accident, whether it’s a traumatic physical injury or psychological injury, or both together, you may benefit from instructing a solicitor to help you seek compensation. One of our solicitors could help you make a claim for anxiety after a car accident on a No Win No Fee basis; they do this by offering their services through a Conditional Fee Agreement (CFA).

When you work with a solicitor under a CFA, you aren’t expected to pay them a fee to begin work on your claim, nor do you have to pay for their continued services. Similarly, if your claim doesn’t succeed, your solicitor won’t take a fee for their services.

However, in the case of a successful claim, your solicitor will take a success fee. This fee is taken straight from your compensation in the form of a small percentage, though this percentage is subject to a legislative cap. The cap helps to ensure that the majority of your compensation goes to you.

If you are suffering from anxiety after a car accident, one of our solicitors could help. Contact our team of helpful advisors today to learn more. They can answer your questions, and can evaluate the validity of your claim. Start today by:

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.